Memo 9
Reasonable Assurance of Reemployment For District Employees
This Memorandum and the underlying State provisions have remained substantially unchanged for the better part of 30 years. We are informed, however, that efforts to forward an annual list of teachers and 10-month employees to the Employment Development Department probably are no longer worth the effort. This is because the Employment Development Department reportedly has redistributed statewide their benefits applicant files based on social security number rather than county of residence.
This Memorandum discusses unemployment benefits and reasonable assurance letters for both certificated and classified employees. This Memorandum also restates the law and procedures for classified staff.
Classified employees who have not received notice of termination are presumed to have a contract for or reasonable assurance of reemployment. Since classified employees can be terminated on 30 days’ notice following governing board action eliminating their jobs, it is not advisable to give notice until the staffing needs for the following school year are known. In most cases, notices should be withheld until 30 days prior to the opening of school in September.
Education Code section 45117 provides that employees in categorically-funded programs must be notified by May 29 if their employment will terminate at the end of the school year because the funding has not been renewed. If a program expires at a date other than June 30, the 30-day notice requirement applies. It has been the practice in some districts to avoid giving notice to categorically-funded classified employees (such as aides) by May 29 because funding (especially for federal programs) is not assured until late summer and the districts wish to avoid paying unemployment benefits. If program funding is later denied and employees are not rehired, the Employment Development Department will probably grant benefits retroactive to June. If funding is continued, persons who got May 29 notices and collected unemployment during the summer may legally be required to repay these benefits if they are rehired. However, the Employment Development Department rarely seeks repayment. At the same time, it may be argued that Education Code section 45117 requires that a categorically-funded employee who has not been given timely notice by May 29 is entitled to work 30 calendar days in the fall before termination is effective.
The decision as to when (if at all) to give notice to categorically-funded employees will depend on your estimation of the likelihood that funding will be assured for the following year. In general, we recommend giving notice by May 29 only if you have strong reason to believe the program will not be funded.
We understand most Merit System District Personnel Commission rules are not inconsistent with the above discussion.
In summary: Unemployment Insurance Code section 1253.3(i) requires school districts to give reasonable assurance of reemployment to classified employees who do not perform services between academic years or terms (10-month employees, for example). The Unemployment Insurance Code requires notice 30 days before the end of the “term.” For uniformity, the Education Code section 45117 reference to May 29 for categorical programs may be used.
FORM A
To: Name of Employee
From: District Superintendent
Re: Notification of Reasonable Assurance
The ________________________ School District hereby notifies you that you have a reasonable assurance of returning to work in the 20__ – 20__ school year beginning in September 20___ after the summer recess.
You may nonetheless file an unemployment insurance claim. Your entitlement to benefits will be determined by the Employment Development Department and not by this district.
FORM B
Date: ________________, 20___
To: Substitute Teachers (K-12 Districts Only)
From: Superintendent of the _______________________ School District
You are currently on the list of substitute teachers approved by the governing board of this school district. We are in the process of preparing our master list of substitute teachers for the ____________ school year. If you wish to be included on the new list, please sign and return the enclosed form by _______________ (date).
This is to advise you that if you request to be included on the list, you will be called for substitute work during the first 30 calendar days of the coming school year and you have a reasonable assurance of being called for substitute work in the same capacity and with substantially the same or greater frequency and number of assignments as you received this year.
_______________________________
District Superintendent
FORM C
I request that my name be placed on the master list of substitute teachers for the ________________ school year and agree to accept assignments in the manner described in the letter to substitute teachers. I hold and will accept assignments under the following California credentials and will assume responsibility for their filing with the Office of the County Superintendent of Schools:
_____________________________________________________________________
_____________________________________________________________________
I will renew and keep current any emergency credentials which are due to expire.
DATED: ___________, 20___.
_____________________________
Name of Teacher (print)
_____________________________
Signature
FORM D
[Date]
To: Name of Employee
From: District Superintendent
Re: Notification of Reasonable Assurance
The _____________________ School District hereby notifies you that you have a reasonable assurance of returning to work in the 20___-20___ school year, beginning in September 20___ after the summer recess.
You may nonetheless file an unemployment insurance claim. Your entitlement to benefits will be determined by the Employment Development Department and not by this district.
If you are not offered the opportunity to perform services in September, you may be entitled to a retroactive payment of benefits if you are otherwise eligible and you file a claim for each week benefits are claimed and make the claim for retroactive benefits no later than 30 days following the start of the next academic year or term.